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(영문) 울산지방법원 2015.03.20 2014고단3642

게임산업진흥에관한법률위반

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall provide a game product for use, which has not been rated as impeding the distribution order of the game product.

Nevertheless, from July 27, 2014 to July 30, 2014, the suspect provided 8-to-door game machine, 5-to-door game machine, 1-to-door game machine, 99-gu game machine, and 1-to-be game software, which had not been rated, to allow many unspecified customers to play a game and have not been rated.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Police seizure records;

1. Scenic photographs;

1. Application of the Acts and subordinate statutes governing appraisal and reply;

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Selection of Game Industry and the Promotion of Alternative Punishment, and Selection of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The Defendant’s crime of this case for the reason of sentencing under Article 44(2) of the Act on the Promotion of Confiscation Industry Promotion is a factor for sentencing unfavorable to the Defendant, which is disadvantageous to the Defendant, because it is extremely high that the risk of leaving property losses in the light of economic failure by continuously taking advantage of the user’s speculative spirit is high.

It is an element of sentencing favorable to the defendant that the defendant has committed a crime, that the game room is relatively small, that the defendant has not been prosecuted for additional speculative acts such as money exchange, etc.

In addition, in consideration of the age, character and conduct, environment, circumstances after crimes, etc. of defendants, the punishment shall be determined as ordered and the execution of such punishment shall be suspended, but probation and social service shall be ordered.